New General Law on Sustainable Forestry Development

On June 5, 2018, a decree enacting the new General Law on Sustainable Forestry Development (Ley General de Desarrollo Forestal Sustentable; “New LGDFS”) was published in the Official Gazette of the Federation (Diario Oficial de la Federación; “DOF”). The New LGDFS replaces the 2003 law of the same name that previously regulated forestry matters. Pursuant to this decree, most of the provisions of the New LGDFS entered into force on June 6, 2018.

Although this new law upholds various aspects of the 2003 law, it introduces and modifies others that we consider worth highlighting. Among others, it provides that the authorization to change forestry land use (autorización de cambio de uso del suelo en terrenos federales; “ACUSTF”) is required for the removal of the vegetation of forestry land, excluding cases where such land is located within the limits of population centers in terms of the General Law on Human Settlements, Territorial Planning and Urban Development. This exception does not apply if the forestry land is located within a natural protected area.

The New LGDFS: (i) simplifies the request to obtain the modification of ACUSTFs as well as the extension of the term to execute the removal of vegetation; and, (ii) removes certain requirements and formalities for the transfer of forestry land and land with forestry vocation. On the other hand, holders of ACUSTFs will have to file periodic reports on the execution and progress of the removal of vegetation.

This new law foresees that when an authorization might affect the environment of an indigenous community, the authority must seek the opinion of the representatives of such community.

The Regulations for the New LGDFS must be published on the DOF within 180 business days following the entry into force of said law.

Mexico City, June 14, 2018.